DOMESTIC VIOLENCE ACT

I. Introduction

The Supreme Court's recent decision to examine whether a transgender woman, post-sex reassignment surgery, qualifies as an "aggrieved person" under the Domestic Violence Act, 2005, raises significant questions about gender identity and the scope of the Act.

 2. About Domestic Violence Act

• The Protection of Women from Domestic Violence Act, 2005, commonly known as the Domestic Violence Act (DV act), is an Indian law that provides for the protection of women from domestic violence.
• The Act defines domestic violence as any act of violence, physical, sexual, emotional, economic, or verbal, committed by a spouse or a live-in partner against a woman.
• Section 2(a) of the Domestic Violence Act, 2005, defines an "aggrieved person" as a woman who has been in a domestic relationship and alleges acts of domestic violence by the respondent. The Act seeks to provide effective protection of women's rights guaranteed under the Constitution.

3. The Case of the Transgender Woman

• In this case, a transgender woman, who underwent sex reassignment surgery in 2016, filed a plea for interim maintenance under the DV Act, contending that her gender transition qualified her as an "aggrieved person."
• The husband challenged this claim, arguing that the DV Act's reference to "women" excluded transgender individuals.
• He further noted the absence of a certificate issued under the Transgender Persons (Protection of Rights) Act, 2019, which, according to him, disqualified her from being recognized as a woman under the DV Act.
• The 2019 Act acknowledges the right of transgender persons to be recognized and affirms their self-perceived gender identity.
• It also provides a legal process for obtaining a "certificate of identity" as a transgender person, which can enable gender marker changes on official documents.

• The Bombay High Court took a broad view of the term "woman," referencing the Supreme Court's 2014 ruling in NALSA vs. UOI, which recognized the rights of individuals who undergo gender reassignment.
• The High Court concluded that a person who aligns their gender with their identity, based on a gender transition facilitated by medical science, qualifies as a woman under the DV Act.
• The High Court emphasized the necessity of interpreting the term "aggrieved person" in the broadest possible terms.
• It asserted that exercising the right to self-identified gender was sufficient for a person to be considered an aggrieved person within the meaning of the DV Act.

5. Conclusion

The Bombay High Court's ruling not only affirms the recognition of transgender rights but also underscores the need for gender-inclusive interpretations of laws like the DV Act. This case marks a significant step towards ensuring that all individuals, irrespective of their gender identity, are protected under domestic violence legislation. This case has broader implications for legal recognition and protection of transgender individuals and underscores the evolving understanding of gender identity within the framework of Indian law.

Source: The Indian Express